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HIGH COURT OF NAGPUR
Macnair
GUMAN SINGH – Appellant
Versus
PYARELAL AND ORS – Respondent
Decided on : 29-11-1928
License - Construction of Temples - The plaintiff's father granted an express license to build temples on the plaintiff's plot, and as the defendant constructed work of a permanent character on the faith of that license, the license cannot be revoked. The suit for possession of the plot was dismissed.
Fact of the Case:
The plaintiff's father permitted the defendant to build temples on a plot in the plaintiff's village. The lower appellate Court found that the plaintiff's father granted an express license to build the temples, and as the defendant constructed work of a permanent character on the faith of that license, the suit for possession of the plot was dismissed.
Finding of the Court:
The court found that the defendant constructed the temples with the consent of the plaintiff's father and had spent a considerable amount on the construction before the plaintiff attempted to revoke the license. As a result, the court dismissed the appeal and the suit for possession of the plot.
Issues: The issues included whether the defendant constructed the temples on the site with the consent of the plaintiff's father and whether the plaintiff was entitled to revoke the license after the defendant had incurred considerable expense on the construction.
Ratio Decidendi: The court applied the principle that when a licensee has constructed work of a permanent character and incurred considerable expense on the construction based on the faith of the license, the licensor cannot revoke the license. The reasoning in Vithaldas v. Goma, 1924 AIR(Nag) 254 was also applied, which states that if part of the work is completed at the time the licensor desires to revoke the license, the reasoning in Vithaldas v. Goma will apply.
Final Decision: The appeal was dismissed, and costs were awarded to the appellant.
Macnair, A J C—The plaintiff's father, a malgujar, permitted the defendant to build temples on a plot in the plaintiff's village. The lower appellate Court has found that the plaintiff's father granted on express license to build the temples and as the defendant on the faith of that license constructed work of a permanent character and spent about Rs. 1,500, the license cannot now be revoked. The suit for possession of the plot was, therefore, dismissed.
2. In appeal it is first urged that the defendant pleaded a gift and there was no issue regarding a license. There was a clear issue:
Did the defendant construct the temples on the site with the consent of plaintiff's father?
3. This ground, therefore, fails.
4. It is next urged that the plaintiff by a notice, dated 6th August 1923, revoked the license, at a time when the defendant. had done little work and the plaintiff was entitled to revoke the license, but it is quite clear that the defendant had incurred considerable expense on the work of building the temple before the notice was given. The reasoning in Vithaldas v. Goma,1924 AIR(Nag) 254 will apply when part only of the work is completed at the time the licensor desires to revoke the license. The appeal fails and is dismissed. Costs on appellant.
Final Result : Dismissed
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